I have paid in full, can someone validate this lien?

2 weeks ago

I am a homeowner and I have paid the contract price in full. Can someone please validate this lien and see why it is on my property? Thank you.

Legal Associate Levelset
142 reviews

Unfortunately we can’t verify the validity of a lien claim.

However, just because a lien is filed, doesn’t necessarily mean it is valid. In California, a lien claimant is required to send a notice of the lien claim to the property owner. Failing to do so will cause the lien to be unenforceable. Once filed, the claim will only be valid for a period of 90 days after the claim was recorded. If no action is taken within that time frame, the claim will expire and similarly be unenforceable.

Reaching out to the claimant would be the starting point in this process, to find out more information. At that point, either a payment agreement can be arranged, or a demand for the release can be made.

For more details on this see: A Mechanics Lien Was Filed on My Property- What Do I Do Now?

Disclaimer: Disclaimer: NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such. Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.
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Guest
Anonymous

Sweet, thanks Alex! Super helpful & exactly what my lawyer said.. He just beat you to the punch. Thanks for the note, I just wonder if there’s a way to stop these deadbeats from doing things like this? I feel like this is simply wasting my time, effort, energy, and resources on something that is completely invalid yet will prohibit me from reaching a positive financial setting.

Attorney Law Office of Cathleen M. Curl
22 reviews

There are several things you should do right away:

1. Check your records to see if the subcontractor or supplier who filed the lien sent you a Preliminary Notice by certified mail. If they did not, they have NO lien rights, You or your attorney should write them a strong letter demanding that they release the lien immediately. I always include the necessary Release of Form already filled out with the letter because many contractors don’t know how to take a lien off. I’ve written many of these letters and they work probably 75% of the time. If they don’t sign the Release of Lien and send it back to you, you can file a petition with the court to get the lien removed, and the subcontractor is liable to reasonable you for your attorney’s fees.

If the subcontractor did send you a Preliminary Notice by certified mail, I would ask the sub for copies of their invoices to see whether or not the Preliminary Notice was timely sent to you. If not, a strong demand letter should be sent demanding that they release the lien immediately on that basis.

2. You should also contact the general contractor and tell him that you expect him to take care of this lien and get it released since you paid him in full, and see what he says. Make sure you put this demand in writing, even if you speak to him on the telephone first. Tell him you want it taken care off immediately or you will take legal action against him.

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